Collins v. United States
- Wilhelmina Wright
- 0:21-cv-00429
- U.S. District Court · District of Minnesota
- 2
In Collins v. United States, Judge Wright adopted the recommendation, dismissed Collins’s petition without prejudice, and denied his summary-judgment motions as moot.
Stephen Collins’s habeas petition was dismissed without prejudice, and his two summary-judgment motions were denied as moot. The United States was the respondent.
What happened
In Collins v. United States, Stephen Collins filed a petition asking the court for habeas relief. A magistrate judge issued an amended report and recommendation, and no one filed objections.
The court reviewed the recommendation for clear error and found none. It adopted the recommendation and dismissed Collins’s petition without prejudice, meaning the order did not bar refiling. The opinion does not explain the underlying reason for dismissal because it relies on the recommendation.
Judge Wilhelmina M. Wright also denied Collins’s two summary-judgment motions as moot, meaning the court found no need to decide them after dismissing the petition. The court directed that judgment be entered.
The detailed version
- Collins v. United States · No. 0:21-cv-00429
- Wilhelmina Wright
- Oct. 29, 2021
Background
Stephen Collins was the petitioner, and the United States was the respondent. The court considered an amended report and recommendation issued on July 30, 2021, by United States Magistrate Judge David T. Schultz. The opinion states that no objections were filed.
Court’s Analysis
Because there were no timely objections, the district court reviewed the report and recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court stated that it had reviewed the recommendation and found no clear error. The opinion does not include the recommendation’s underlying analysis, so it does not identify the specific basis for dismissing the petition.
Disposition
The court adopted the July 30, 2021 report and recommendation. It dismissed Collins’s petition for a writ of habeas corpus without prejudice. It also denied Collins’s motions for summary judgment as moot. The court directed that judgment be entered. The footnote states that the dismissal was not a qualifying “strike” under 28 U.S.C. § 1915(g).
Classification
This is a procedural order because the opinion adopts a report and recommendation without independently analyzing the merits of the habeas petition. The court’s order also resolves ancillary motions for summary judgment as moot.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.